BILL NUMBER: AB 2546	CHAPTERED  09/07/00

	CHAPTER   327
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 5, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Jackson

                        FEBRUARY 24, 2000

   An act to repeal and add Article 2 (commencing with Section
106750) of Chapter 4 of Part 1 of Division 104 of the Health and
Safety Code, relating to environmental health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2546, Jackson.  Radon certification guidelines.
   Existing law establishes requirements for the certification of
radon measurement laboratories, radon testing and consulting
specialists, and radon mitigation contractors.  In this connection,
existing law incorporates various guidelines of the National Radon
Measurement Proficiency Program of the federal Environmental
Protection Agency, which are adopted as state standards.  Violation
of these provisions is a misdemeanor.
   This bill would revise and recast these provisions.  It would
prohibit any person from providing radon services, as defined, for
the general public, or represent or advertise that he or she may
provide radon services unless that person has met specified
certification requirements.  The bill would require the State
Department of Health Services to maintain a list of persons that have
submitted proof of certification which would be available to the
public.  By changing the definition of a crime, this bill would
impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 2 (commencing with Section 106750) of Chapter 4
of Part 1 of Division 104 of the Health and Safety Code is repealed.

  SEC. 2.  Article 2 (commencing with Section 106750) is added to
Chapter 4 of Part 1 of Division 104 of the Health and Safety Code, to
read:
   106750.  This article establishes requirements for radon
certification.
   106770.  "Department" means the State Department of Health
Services.
   106775.  "Radon services" means any of the following:
   (a) The analysis of radon detectors or testing for radon or radon
decay products by a commercial laboratory.
   (b) The performance of radon or radon progeny measurements in
buildings by an individual person who provides professional or expert
advice on radon and radon progeny measurements, radon entry routes,
and other radon related activities.
   (c) The repair or alteration by an individual person of a building
or design for the purpose, in whole or in part, of reducing the
concentration of radon in the indoor atmosphere.
   106780.  (a) Except as provided in Section 106790, no person may
provide radon services for the general pubic, or represent or
advertise that he or she may provide radon services unless that
person meets both of the following requirements:
   (1) Successfully completes the National Radon Measurement
Proficiency Program of the National Environmental Health Association
or the National Radon Safety Board Certified Radon Professional
Program.
   (2) Submits to the department a copy of certificate demonstrating
successful completion of either program.
   (b) Persons certified to provide radon services shall successfully
complete and submit to the department proof of completion of the
National Radon Measurement Proficiency Program of the National
Environmental Health Association or the National Radon Safety Board
Certified Radon Professional Program every two years after initial
certification.
   (c) A copy of the current certificate of completion shall be
submitted to the department at least 14 days prior to conducting
radon services within the state.
   106785.  The department shall maintain a list of persons that have
submitted proof of certification by either the National
Environmental Health Association or the National Radon Safety Board
Certified Radon Professional Program.  This list shall be made
available to the public.
   106790.  This article does not apply to a person in any of the
following circumstances:
   (a) The person is testing for, or mitigating radon in a building
that the person owns or occupies.
   (b) The person is designing or conducting mitigation measures to
prevent against radon infiltration or accumulation in new
construction.
   (c) The person is performing scientific research regarding testing
or mitigation of radon, but only if the person informs the owner and
the occupant of the building of all of the following:
   (1) That the person is not certified by the National Radon
Measurement Proficiency Program of the National Environmental Health
Association or the National Radon Safety Board Certified Radon
Professional Program.
   (2) Any test results are neither certified nor valid for legal
purposes.
   (3) Any mitigation methods suggested or used are experimental.
   106795.  It is unlawful for an individual to provide radon
services in violation of this article.  A violation of this article
is a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000).
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
